The Future of Immigration Laws and Regulations: What Lies Ahead in 2018
The recent uptakes of the current administration on immigration and other related programs have spurred yet another exciting landscape for immigration attorneys and practitioners. Of notable significance is the recently issued executive order "Buy American, Hire American" which generally deals with purchasing domestically produced products and cracking down fraud and abuse in the immigration system.
The latter part, "Hire American" is viewed to have profound effects on existing visa programs. Although there is no immediate impact, President Trump's step is likely to open an increased scrutiny of H-1B and other employment-based immigration programs, making it stricter in the coming days.
In this light, it is important to be updated with further developments on immigration laws and regulations, specifically in the area of corporate immigration. How the said field will cope with these developments and how visa program supporters will receive future impacts generate interest from varied practitioners.
Listen to a panel of distinguished immigration leaders and professionals organized by The Knowledge Group as they provide the audience with an overview of the latest developments involving immigration regulations. Speakers, among other things, will offer helpful insights on employment-based immigration and its future under the Trump administration. They will also give significant tips on how to navigate the changes to their advantage in 2018 and beyond.
Key topics include:
- Immigration Law – An Overview
- "Buy American, Hire American"
- Latest Updates and Developments
- Changes on H-1B Filings
- Updates on Employment-Based Visa Programs
- Other Immigration-Related Updates
Kristen W. Ng, Attorney
Greenberg Traurig, LLP
- H1B proposed bills in the House and Senate
- RAISE Act
- EB5 bills and the future
Rosanna Berardi, Managing Partner
Berardi Immigration Law
- On April 18, 2017, President Trump issued Executive Order 13788 (EO 13788) known as “Buy American and Hire American.” The overall focus of EO 13788 is to encourage the hiring of U.S. workers and to rigorously enforce the current Immigration and Nationality Act. Further, EO 13788 called for the Department of Homeland Security to reform the H-1B nonimmigrant program.
- Since April, USCIS has announced several policy changes. It is now standard practice for USCIS to question every wage level of an H-1B applicant. USCIS is demanding evidence of wage compliance. In addition, USCIS recently announced that they will no longer given “deference” to prior determinations made by the agency. This is a drastic departure from a USCIS policy issued in 2015. The result will be an increase of denials.
- Further, the U.S. Department of State has also implemented EO 13788 in its Foreign Affairs Manual (FAM). On September 1, 2017, the Department of State updated the FAM with new guidance on the term “misrepresentation” for purposes of determining inadmissibility. Specifically, the FAM has been substantially revised and new sections regarding status violations or “inconsistent” conduct within 90 days of entry and after 90 days of entry have been added. These changes can have significant consequences for individuals who apply for adjustment of status or change of status after entering the United States.
Osvaldo Torres, Shareholder
Torres Law, P.A.
- Updated Policy Memorandum
- Smaller Deals: The New EB-5 Trend?
- The Visa Backlog and the Increased Trend Towards Non-China Markets
David J. Wilks, Attorney
Miller Mayer, LLP
- Future of H-4 work authorization
- Rescission of entrepreneurial parole
- Employment-based interviews
Lisa M. Sotelo, Attorney at Law
Elise Healy & Associates PLLC
- The Foreign Affairs Manual (FAM) is the compilation of directives applicable to the Department of State (DOS) and it contains DOS guidance on substantive and procedural adjudications of visa applications and waivers as well as those relating to citizenship and nationality. Changes to the FAM Notes, which often are given the full force and effect of law, appear to have increased substantially and are published without stakeholder input or comment prior to publication. In addition to the FAM Notes, Executive Order 13788 of April 28, 2017, captioned “Buy American and Hire American” (BAHA) has had an overarching impact in the adjudication of employment-based visa applications. Understanding the latest changes is critical for employers and attorneys who work with these visa types
- The Department of Homeland Security issued final regulations on November 17, 2016 entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers” to provide relief to high skilled workers born in countries caught in the backlogs in the employment-based preferences. The final rule includes several provisions that help alleviate some of the problems caused by the long waits.
Who Should Attend:
- Employers and Employees
- Public and Private Companies
- H-1B Visa Sponsors
- Immigration Specialists
- HR Executives
- Immigration Lawyers and Practitioners
- Employment Law Attorneys
- Employment Law Advisors
- Other Interested/Related Professionals
Kristen W. Ng focuses her practice on business immigration and compliance matters, including legislative issues. She advises individuals and companies on a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases, citizenship issues,) and investor cases (E-2 and EB-5). She provides immigration counsel to clients, including HR managers, high-level executives, and employees to ensure comprehension of each respective immigration process and procedure and to collaboratively produce the best immigration strategy and approach for each individual matter. In addition, she works on immigration reform policies and advocates for smart policies for clients.
Kristen W. Ng focuses her practice on business immigration and compliance matters, including legislative issues. She advises individuals and companies …
In June of 2005, Rosanna Berardi, Esq. founded Berardi Immigration Law, a full-service immigration law firm. Ms. Berardi has a unique combination of government, university and corporate experience that provides her with a broad perspective of the immigration landscape.
Ms. Berardi’s immigration career began in 1993. She attended the legacy Immigration & Naturalization Service (“INS”) Federal Law Enforcement Training Center in Glynco, Georgia, and then worked as an Immigration Inspector at the Peace Bridge while attending law school at the State University of New York at Buffalo. Ms. Berardi was then promoted to the position of Legal Intern at the legacy INS’s District Office, where she performed legal research and prepared legal memoranda on various immigration issues. Upon her graduation from law school in 1997, Ms. Berardi was hired as a full-time Immigration Trial Attorney at the New York City Office through the Attorney General’s Honor Program, which placed only 25 law graduates with the INS.
Ms. Berardi entered private law practice in 1998 when she joined Buffalo’s largest law firm as an Immigration Associate. She spent six years there and gained extensive experience working with multi-national companies in connection with B-1, H-1B, L-1, TN and O-1, and green card transfers to the U.S. She also represented Canadian corporations expanding or relocating to the U.S. Ms. Berardi was a frequent speaker at SUNY personnel conferences, client seminars and corporate seminars.
In June of 2005, Rosanna Berardi, Esq. founded Berardi Immigration Law, a full-service immigration law firm. Ms. Berardi has a …
Osvaldo F. Torres, Esq. is a 1987 graduate of the University of Pennsylvania Law School. For his entire professional career spanning nearly 30 years, Mr. Torres has counseled clients on complex transactions, including securities offerings and large mergers and acquisitions. For the last 6 years, Mr. Torres has been immersed in EB-5 work and has prepared numerous offerings involving hotel development, multi-family residential construction, senior independent living complexes, healthcare companies, restaurants, franchised services and others. Mr. Torres frequently speaks at EB-5 conferences on securities issues and other aspects of the EB-5 practice. He is a member of the EB-5 SEC Roundtable, a group of distinguished securities law practitioners in the EB-5 space. He also serves on IIUSA’s President's Advisory Council and its Compliance, Public Policy and Editorial Committees, and also on the Steering Committee for the EB-5 Investment Coalition. Mr. Torres is rated AV® Preeminent by Martindale-Hubbell and ranked a Top 15 EB-5 Securities Attorney by EB-5 Investors Magazine. In addition, Torres Law has been selected as a Medallion Partner by NES Financial. Mr. Torres has worked as a corporate and securities attorney at several large and prestigious law firms, including Schulte Roth & Zabel in New York and Greenberg Traurig in Miami, and has served as General Counsel for Telemundo Group and HBO Latin America.
Osvaldo F. Torres, Esq. is a 1987 graduate of the University of Pennsylvania Law School. For his entire professional career …
David J. Wilks is an Associate in Miller Mayer’s Immigration practice group.
Mr. Wilks’ practice focuses primarily on employment-based immigration. He has represented a wide range of clients, including universities, multinational corporations, health care institutions, small businesses and entrepreneurs in seeking immigrant and nonimmigrant status for individuals in diverse fields and specialties. Mr. Wilks has also provided immigration expertise relating to large corporate acquisitions, as well as assisted clients with I-9 compliance and family-based petitions for permanent residence.
Mr. Wilks currently serves on national leadership committees with the American Immigration Lawyers Association. In addition, Mr. Wilks has spoken both nationally and internationally on matters related to immigration law.
David J. Wilks is an Associate in Miller Mayer’s Immigration practice group. Mr. Wilks’ practice focuses primarily on employment-based immigration. …
Lisa Sotelo focuses her practice on Corporate Immigration. She counsels corporations, educational institutions, and individuals on a variety of business immigration issues. Ms. Sotelo's previous experience includes working at full-service immigration firms, where she represented clients not only in employment-based cases but also in federal litigation, international adoption, family matters, and immigration court proceedings.
Lisa Sotelo focuses her practice on Corporate Immigration. She counsels corporations, educational institutions, and individuals on a variety of business …
Print and review course materials
Method Of Presentation:
Experience in immigration laws
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Greenberg Traurig, LLP
Greenberg Traurig, LLP (GTLaw) has more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East and is celebrating its 50th anniversary. One firm worldwide, GTLaw has been recognized for its philanthropic giving, was named the second largest firm in the U.S. by Law360 in 2016, and among the Top 20 on the 2016 Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.
About Berardi Immigration Law
Berardi Immigration Law was founded more than 10 years ago by former INS Inspector and Attorney Rosanna Berardi who had the vision of creating a different type of law firm, one that focuses on client service and responsiveness. Today, Berardi Immigration Law is respected around the world for its knowledgeable immigration legal services team and the firm’s commitment to a personal, high-touch experience for clients.
Berardi Immigration Law’s comprehensive immigration team focuses exclusively on immigration law. With roughly 20 categories of visas available and a consistently changing adjudication landscape, it makes sound business sense to partner with a firm that is wholly dedicated to both the art and science of immigration law. The team is adept at analyzing all issues relating to the immigration needs of our clients.
About Torres Law, P.A.
Torres Law, P.A., is a boutique South Florida law firm that concentrates on complex corporate and securities law matters. We counsel on a variety of offerings, including multiple EB-5 projects, and on joint ventures, mergers and acquisitions, financings, employment, licensing, distribution, franchising and company formation matters. We are trusted advisors to real estate investment firms, regional centers and real estate developers and project operators. We are fortunate to enjoy success because our clients trust our work and value our trust and dedication to their legal matters.
About Miller Mayer, LLP
For almost 20 years, Miller Mayer has provided exceptional counsel to regional centers, developers and individual investors seeking EB-5 capital and visas. Miller Mayer has counseled clients in raising over $5.5 billion in EB-5 funding for projects all around the United States. The EB-5 Practice Group combines an unsurpassed depth and breadth of experience with a demonstrated and unrivaled capacity to achieve approval of EB-5 projects and immigrant visas. Miller Mayer has the proven experience, expertise, and knowledge of EB-5 law to guide clients over the complex and evolving standards of EB-5 adjudication.
About Elise Healy & Associates PLLC
Whether you are a General Counsel, the president of a company, an HR director, or a business owner, they understand your immigration legal needs, and they know what it takes to meet them. They are available 24/7/365 (regardless of time zone), because they know that is the pace of business today and that is what their clients demand.
They like working in this globalized economy. They aren’t the largest immigration firm, and they don’t want to be. For over 20 years, they have built a reputation as nimble, extremely responsive experts in US immigration law. They have the expertise and the technology to deliver immigration legal service of the highest quality, when and where you need it.